Amendments to juvenile justice law near approval

Never too young for “rehab.”

Authorities may soon keep repeat or serious offenders aged 12 to 15 years old off the streets and in the custody of social workers, according to draft amendments to the law on juvenile delinquents, which are up for approval by both chambers of Congress next week.

Sen. Francis Escudero on Tuesday said current provisions of the Juvenile Justice and Welfare Act of 2006 (Republic Act 9344) address only the cases of youth offenders aged 15 to 18, yet many local governments have been complaining about petty or heinous crimes being committed by much younger people.

Released immediately

Section 20 of RA 9344 states that children aged 15 and below who are taken into custody by the police must be immediately released to their parents, guardian or nearest relative.

If the parents could not be found or refuse to take custody, the child may be released to a duly registered nongovernment or religious organization, a barangay (village) official or member of the barangay council for the protection of children (BCPC), a local social welfare officer, or the Department of Social Welfare and Development (DSWD), the law said.

But under the proposed amendments, repeat or serious offenders in the 12-15 age bracket will now be subjected to what Escudero called “an intensified intervention program and involuntary commitment.”

But Escudero said “involuntary commitment” should not be construed as a form of detention or penalty.

“This is rehabilitation for them because, in the eyes of the law, there’s still time (for them to change for the better). Whatever shortcomings they may have or mistake they had made could still be corrected,” Escudero said.

Used by syndicates

The rehabilitation program can be carried out in a DSWD facility, he added.

Escudero spoke to reporters after a bicameral conference reconciled the disagreeing provisions of Senate Bill No. 3324 and House Bill No. 6052, which both sought to amend RA 9344.

“We discussed in particular children in conflict with the law, below 15 years old but above 12, specifically when they commit a heinous crime, a serious offense or if they become repeat offenders,” said the senator.

Asked for the rationale behind the amendment, he said it had been observed that repeat offenders continue to be “used by syndicates” after being released.

“There are complaints from local government units regarding the peace and order situation and petty crimes being committed by minors,” he added.

As discussed in the conference, he said, offenders aged below 18 will still be detained separately from inmates in regular jails.

The proposed amendments also seek harsher penalties for adults who use children to commit crimes.

“They shall be given the maximum penalty for the crime when they get children (involved),” the senator said.—With Inquirer Research